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(영문) 서울중앙지방법원 2017.01.12 2016고단7249
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on September 2, 2016, the Defendant was boarding the bus No. 4143 operated by the victim C (52 tax) at the bus stops located in Seoul Seocho-gu Seoul Metropolitan Government (200 due to new distribution of Seocho-gu, Seocho-gu, Seoul), and the victim did not pay the Defendant a fee of 200 won only.

It was time for the victim's face to be satisfed by satching the bat of the victim who is operating the bus with the bat at hand.

Accordingly, the defendant assaulted the driver of a vehicle during operation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: In light of the circumstances and methods of the instant crime committed by assaulting the victim, who is a driver of a bus on which many people are aboard, the nature of the relevant crime is not less and less, the fact that the victim has been punished several times as a violent crime, the fact that the bus stops at the time of assault and the actual damage caused by the instant crime is not relatively heavy; the decision of a suspended sentence is made that there is no record of being sentenced to imprisonment without prison labor or heavier punishment for violent crimes; the environment shows that there is no record of being sentenced to punishment for the instant crime; and the environment shows that the health of the victim is not good: the sentencing conditions shown in the instant pleadings, such as the above circumstances and the defendant's age, sex, career, home environment, motive and means of the instant crime, and the circumstances after the crime, etc., shall be determined as per the order.

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